Valenzuela City Ordinance No. 427-17

December 4, 2017 *** Excerpts from the minutes of the 58th Regular Session of the 7th City Council of Valenzuela held on December 4, 2017 at 3:17 P.M. at the City Council's Session Hall, 3rd Floor, Legislative Building, Valenzuela City Hall, Karuhatan, Valenzuela City, Metropolitan Manila. VALENZUELA CITY ORDINANCE NO. 427-17 AN ORDINANCE GRANTING INCENTIVES FOR DECLARATION OF REAL PROPERTY UNDER EXISTING COMMUNITY MORTGAGE PROGRAM Authored by: Coun. Ramon L. Encarnacion, Coun. Antonio R. Espiritu, Coun. Rovin Andrew M. Feliciano, Coun. Jennifer Pingree-Esplana, Coun. Marlon Paulo C. Alejandrino, Coun. Ricardo Ricarr C. Enriquez, Coun. Kimberly Ann D.V. Galang, Coun. Crissha M. Pineda, Coun. Lailanie P. Nolasco, Coun. Kristian Rome T. Sy and Coun. Fernando C. Francisco WHEREAS , Section 200 of Republic Act No. 7160, otherwise known as the Local Government Code, provided for Administration of the Real Property Tax that the provinces and cities, including the municipalities within the Metropolitan Manila Area, shall be primarily responsible for the proper, efficient and effective administration of the real property tax"; WHEREAS , Section 222 of R.A. No. 7160, provides that real property declared for the first time shall be assessed for taxes for the period during which it would have been liable but in case of more than ten (10) years prior to the date of initial assessment; WHEREAS , Section 192 of R.A. No. 7160 also provides that the Local Government Units may, through ordinance duly approved by the Sanggunian, grant tax exemptions, incentive or reliefs under such terms and conditions as they may deem necessary; WHEREAS , there is a need to extend the tax relief grant pursuant to the authority of the local government to grant tax exemption this voluntary declaration will provide a tax relief on real property taxes to lessen the burden of real property tax owners and encourage owners to properly and accurately declare their buildings and other improvements for tax purposes. WHEREAS , the grant of tax relief will simplify and ease the burden of legalizing the property rights and uplifting the conditions of the underprivileged and homeless residence of Valenzuela City covered by a duly approved Community Mortgage Program. HTcADC NOW, THEREFORE , be it ORDAINED, as it is hereby ORDAINED by the Sangguniang Panlungsod ng Valenzuela, in session duly assembled, that: SECTION 1. Title . This Ordinance shall be known as "INCENTIVES FOR DECLARATION OF REAL PROPERTY UNDER EXISTING COMMUNITY MORTGAGE PROGRAM." SECTION 2. Definition of Terms . For purposes of this Ordinance: (a) "Incentives" refer to the benefit granted pursuant to Section 192 of R.A. No. 7160 to encourage declaration of real property under existing Community Mortgage Program. (b) "Community Mortgage Program" refer to a duly approved mortgage financing program which assists legally organized associations of underprivileged and homeless citizens to purchase and develop a tract of land under the concept of community ownership. This must be duly certified by the Housing Resettlement Office of the City government of Valenzuela. (c) "Beneficiary" refers to person included in the Master List under existing Community Mortgage Program. The Master List must be the same list duly received by the Housing Resettlement Office of the City Government of Valenzuela. (d) "Real Property" refers to any land, building, improvement and machinery classified as residential, commercial, industrial or any other classes. (e) "Building" refers to any construction or structure, or any ancillary or accessory facility made by the beneficiaries under existing Community Mortgage Program normally requiring a building permit. (f) "Improvement" refers to any valuable addition made to property or amelioration in its condition, which is intended to enhance its value, beauty or utility or adopt it for new or further purposes, amounting to more than mere repairs or replacement of parts involving capital expenditures and labor and normally requiring a building permit. SECTION 3. Coverage . This Ordinance shall cover any person, or his authorized representative under existing Community Mortgage Program, with the duty, upon acquiring at any time real property in the city or making any improvement on real property, to prepare or cause to be prepared and file with the City Assessor, a sworn statement declaring the true value of subject property. Such declaration shall contain a description of the property sufficient in detail to enable the assessor or his deputy to identify the same for assessment purposes. SECTION 4. Incentives . To encourage declaration of real property in socialized housing and further reduce cost for the benefit of the underprivileged and homeless, the following incentives shall be extended upon declaration of real property to the office of the City Assessor. CAIHTE a) Declaration of any buildings and/or improvements, already existing for the first time shall be assessed for taxes effective the current year. b) Any late transfer, consolidation and/or subdivision of ownership shall be exempted from penalty amounting to P2,000.00 per property. c) The processing fee for any transfer, consolidation and/or subdivision of ownership shall be reduced to P50.00 per property. SECTION 5. Requirements for Real Property Declaration . The following are the requirements for declaration of real property under the Ordinance: a) Duly accomplished request form; b) Certification from the HRO that the requestor is under existing Community Mortgage program; c) Subdivision plan, if necessary; d) Master List of Beneficiaries; e) Notarized Lease Purchase Agreement or Conditional Contract to Sell to beneficiaries; f) Picture of building and/or improvement; g) Building floor plan; and h) Sworn Statement of the True Current and Fair Market Value of Real Properties. SECTION 6. Separability Clause . If for any reason any portion or provision of this Ordinance is declared unconstitutional or invalid, the other section or provision hereof which are not affected thereby shall continue to be in full force and effect. SECTION 7. Repealing Clause . All ordinances, resolutions, memoranda, orders and other issuances which are inconsistent with this Ordinance are hereby repealed or modified accordingly. SECTION 8. Effectivity Clause . This Ordinance shall take effect immediately upon approval. ENACTED. DECEMBER 4, 2017. VALENZUELA CITY, METROPOLITAN MANILA. (SGD.) HON. KIMBERLY ANN DV. GALANG Councilor Majority Floor Leader (SGD.) HON. ROSALIE ESTEBAN-CAYCO Councilor Minority Floor Leader (SGD.) HON. MARLON PAULO C. ALEJANDRINO Councilor Asst. Majority Floor Leader (SGD.) HON. ANTONIO R. ESPIRITU Councilor (SGD.) HON. CRISSHA M. PINEDA Councilor (SGD.) HON. ROVIN ANDREW M. FELICIANO Councilor (SGD.) HON. LAILANIE P. NOLASCO Councilor (SGD.) HON. JENNIFER PINGREE-ESPLANA Councilor (SGD.) HON. KRISTIAN ROME T. SY Councilor (SGD.) HON. RICARDO RICARR C. ENRIQUEZ Councilor (SGD.) HON. MARIA CECILIA V. MAYO Councilor (SGD.) HON. RAMON L. ENCARNACION Councilor (SGD.) HON. FERNANDO C. FRANCISCO Councilor (President, League of Barangays) ATTESTED: (SGD.) FLAVIO C. DIAZ Secretary CERTIFIED CORRECT: (SGD.) HON. LORENA NATIVIDAD-BORJA City Vice Mayor Presiding Officer APPROVED: (SGD.) HON. REXLON T. GATCHALIAN City Mayor